Freedom Watch – Rutherford Institute Oct. 06
- An Alabama Appeals court ruling, let’s police hold onto a motorist’s ID and ‘ask’ them to sit in a police vehicle.“Defendant was not “seized” within the meaning of the Fourth Amendment at any time before giving his consent to search the vehicle. Despite the trooper’s retention of his driver’s license, the officer’s request to have him sit in the front seat of the patrol car, and his questioning of defendant about his travel plans in the patrol car, a reasonable person in defendant’s position would have felt free to refuse the officer’s requests or otherwise terminate the encounter with the officer.”
Ask yourself, would a “reasonable person” really feel free not to obey an officer’s request to sit in a police vehicle?
Remember the cop has taken your ID and held on to it, because you can’t drive away.
Holding onto a person’s ID is not a seizure if the vehicle is disabled
“The fact that State Trooper Brandon Christen retained Julio Aponte’s driver’s license was not dispositive of whether Aponte was seized, the court found, because the SUV was immobile and Aponte could not have driven away.”
In other words, cops are allowed to hold onto your ID for as long as they like, because your vehicle is disabled.
Earlier this month, I warned everyone that young drivers are being taught to obey cops.
“I think it’s really timely, so that teenagers and young drivers don’t look at a police officer as a threat or a problem. It’s just a part of driving, and if they respond in a responsible, correct way, it should never escalate” Senator Julie Morrison said.
An article titled “Teach your kids how to behave around cops: Yes sir, no sir and leave the arguments for later” warns.
Does anyone still think a “reasonable person” would feel free to decline an officers request, to sit in a police vehicle?
Once inside a police cruiser, cops will question everyone
Using the Terry stop ruling (Terry v. Ohio), police use ‘innocent’ conversations to look for signs of nervousness.
“Specifically, the court found that Aponte’s suspicious travel story, which was “perfectly consistent with a drug run,” plus his extreme nervousness, including vomiting, were sufficient to give Christen a reasonable basis for suspecting Aponte of criminal activity.”
Answering questions about your travel plans can get you arrested.
“Christen engaged in some limited discussion with Aponte about his travel plans, but he did not ask Aponte about criminal activity or directly suggest that Aponte was being investigated for wrongdoing.”
Cops treat everyone as potential criminals
“Until I can determine you’re not the criminal, I act as if you are. That’s the only way I can stay safe Tacoma Police Department spokeswoman Loretta Cool said.
Cops think nervous people with crackling voices are criminals
“Christen observed that Aponte continued to exhibit extreme nervousness, comparable, in Christen’s view, to someone involved in criminal activity, including trembling hands, a pulsing carotid artery in his neck, and a crackling voice.”
The state trooper claims, Aponte became so nervous he had to exit the police vehicle and vomit.
Cops claim BREATHING is suspicious
“A logical reasoning sequence based upon some “training and experience” — because drug traffickers have been seen breathing, then breathing is an indicia of drug trafficking. Because they normally have two hands, then having two hands is an indicia of drug smuggling. Silly — maybe, but one can wonder if that is the direction we are heading.”
“Whether it be driving a clean vehicle, or looking at a peace officer, or looking away from a peace officer, or a young person driving a newer vehicle, or someone driving in a car with meal wrappers, or someone driving carefully, or driving on an interstate, most anything can be considered as indicia of drug trafficking to law enforcement personnel.”
Click here to read more.
Driving with your hands at a ten and two position makes you a criminal
Last year, Border Patrol Agent Joshua Semmerling noted a motorist had “stiff posture” and her hands were “at a ten-and-two position on the steering wheel” so he decided to do a U-turn and pursue.
image credit: quora
“Driving stiffly, having tinted windows, slowing down when seeing law enforcement, and driving in an out-of-the-way area may be innocent conduct by themselves,” Judge Scott M. Matheson, Jr , wrote for the appellate panel. “But when taken together along with driving a vehicle with out-of-state plates in a mountainous smuggling corridor 40-45 miles away from the border, we conclude Agent Semmerling had reasonable suspicion Ms. Westhoven was involved in smuggling activity.”
In other words, cops have a God-given ability that allows them to determine who’s a criminal!
Cops claim that driving on smuggling corridors (interstate highways) is suspicious
Last year, I warned everyone that cops claim traveling from one city to another city is suspicious.
Given that nearly every stretch of interstate is considered a drug corridor, the fact that a stop occurred on any such route is almost meaningless. See United States v. Wisniewksi, 358 F. Supp. 2d 1074, 1093 (D. Utah 2005) (“Traveling on a ‘drug corridor’ cannot reasonably support a suspicion that the traveler is carrying contraband. To so hold would give law enforcement officers reasonable suspicion that every vehicle on every major—and many minor—thoroughfares throughout this country was transporting drugs.”)…
The National Drug Center claims, virtually every interstate and highway in the United States is used by traffickers…”
Seven things that make you a criminal in the eyes of law enforcement:
- Nervousness, you’re a criminal.
- Trembling hands, you’re a criminal.
- Pulsing carotid artery, you’re a criminal.
- Crackling voice, you’re a criminal.
- Feeling Ill, you’re a criminal.
- Stiff posture while driving, you’re a criminal.
- Hands at the ten & two position, you’re a criminal.